Hemp Legally Speaking Podcast and Blog
Hemp Legally Speaking is a podcast and blog focusing on all the interrelated areas of the hemp-derived CBD business, from cultivation and production to warehousing, transportation, marketing and retail. While compliance remains the principal focus of the blog, our contributors also provide insights on entity formation, product liability, and trademark and patent protections for hemp-related IP, as well as other issues unique to the industrial hemp and CBD marketplaces.
Latest Episode
Recent Posts
March 14, 2024 | Blogs
*Note: Stakeholder feedback on the proposed rules requested by March 20, 2024 Last November, Ohio vo...
December 12, 2023 | Blogs
In response to concerns surrounding foreign ownership of property following the legalization of medi...
April 20, 2022 | Blogs
The rules governing the Texas Compassionate Use Program (TCUP) are currently under review, and publi...
March 9, 2022 | Blogs
This webinar explores the many connections between the world of sports and legal cannabis. Stream th...
February 25, 2022 | Blogs
In late January, the U.S. Court of Appeals for the First Circuit issued its opinion in United States...
September 23, 2021 | Blogs
The FDA and CDC each issued warning notices to the public regarding Delta-8 THC products on Septembe...
September 16, 2021 | Blogs
“Hemp Legally Speaking” hosted by D.C. Member-in-Charge Jonathan Miller The leader of Frost Brow...
June 24, 2021 | Blogs
While the FDA continues to delay action regarding regulation of CBD consumable products, lawmakers c...
April 6, 2021 | Blogs
Hemp and CBD businesses continue to face challenges with banking, credit card processing and other f...
January 21, 2021 | Blogs
This webinar provides a primer on the ever-evolving state and federal laws and regulations concernin...
July 30, 2020 | Blogs
Given the lifted prohibition on hemp and CBD under the 2018 Farm Bill, there is currently a gold rus...
July 1, 2020 | Blogs
The U.S. Trademark Trial and Appeal Board (TTAB) just issued a precedential decision that will conti...
June 4, 2020 | Blogs
Early this year, plaintiffs’ lawyers filed seven nationwide class actions in California federal co...
May 26, 2020 | Blogs
Colorado-based Elixinol cleared of manufacturing misleading products A team of Frost Brown Todd (FBT...
April 3, 2020 | Blogs
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a sweeping third-wave relief pac...
March 5, 2020 | Blogs
Overview Over the past year, hemp products have been springing up everywhere, both online and in r...
February 20, 2020 | Blogs
Franchising is not an industry. It is a distribution model that can be utilized within any industry ...
December 11, 2019 | Blogs
Overview The new industrial hemp industry presents financial institutions with exciting business o...
December 10, 2019 | Blogs
The Food and Drug Administration (“FDA”) has just issued a batch of new warning letters and a co...
December 5, 2019 | Blogs
Wave of Trademark Applications Filed for CBD-Related Products On May 2, 2019, the U.S. Patent and Tr...
December 4, 2019 | Blogs
Soil. Seeds. Sunlight. A license – AND A LOT OF HARD WORK. With the explosion of the hemp-derived ...
December 4, 2019 | Blogs
Four key federal banking regulatory agencies, joined by the Conference of State Bank Supervisors, is...
November 19, 2019 | Blogs
The U.S. Department of Agriculture (USDA) released its interim final rule for the U.S. Domestic Hemp...
November 18, 2019 | Blogs
Overview The USDA recently issued its Interim Final Rule on U.S. hemp production. The FDA contin...
November 5, 2019 | Blogs
Over the past year, hemp products have been springing up everywhere, both online and in retail outle...
October 31, 2019 | Blogs
On October 29, 2019, the U.S. Department of Agriculture (USDA) released a draft version of the inter...
October 21, 2019 | Blogs
In September, three states authorized the retail sale of hemp-derived CBD, one state Board of Pharma...
October 2, 2019 | Blogs
Planting the Seed – How the Hemp Industry Began to Bloom Few products have ever taken the market b...
September 11, 2019 | Blogs
The hemp industry took a step forward as one state expanded its hemp program and one non-hemp progra...
August 9, 2019 | Blogs
One state established a hemp growth program, one governor vetoed legislation expanding his state’s...
July 31, 2019 | Blogs
It’s official — with Governor DeWine’s signature, Senate Bill 57 legalized hemp-derived produc...
July 23, 2019 | Blogs
Background While marijuana remains illegal at the federal level, decriminalization of marijuana in o...
June 12, 2019 | Blogs
Hemp growth programs took root in four different states, expanded in two states, and legislation awa...
March 29, 2019 | Blogs
Hemp is not marijuana – let us start there. This is a critical distinction the Ohio legislature ha...
March 11, 2019 | Blogs
The United States District Court for The Southern District of West Virginia dismissed the case again...
February 22, 2019 | Blogs
The use case for industrial hemp – defined under federal law as cannabis plants or plant parts con...
December 20, 2018 | Blogs
With the signing of the 2018 Farm Bill, hemp is now fully and permanently removed from drug control ...
Hemp Industry TeamBreaking new ground in the hemp field.After leading federal and state lobbying efforts to legalize the crop, and founding and serving as General Counsel to the U.S Hemp Roundtable — the industry’s leading national business advocacy organization — we’ve emerged as the leading national full-service law firm representing the industry. Not only have our attorneys been there since the beginning of the hemp resurgence and the birth of CBD, but we’ve done so in a geographical footprint overlapping with what many industry professionals see as the epicenter for hemp seed and crop production. We currently represent more than five dozen hemp-related companies, and many more traditional companies that have entered the CBD space. These clients range in size from large to small companies, spanning every element of the industry, from seed to farming, to processing and final products. Our services involve a variety of subject matters including FDA counsel, litigation, banking, corporate formation, regulation and intellectual property. We have the substantive legal knowledge, backed by relevant industry experience, to offer the right advice and solutions for your needs. |
Hemp Services
Since the initial authorization of hemp production in 2014, we have helped clients structure their new hemp-related businesses; negotiated and prepared growing, processing and distribution agreements on behalf of growers, processors and others in the hemp industry; advised both companies and investors in connection with investments in hemp-related businesses; documented loan transactions using hemp as collateral; and advised buyers looking to acquire hemp-related businesses.
We assist hemp product companies in the both the routine review of their marketing collateral, both written and digital, and advise clients on the design and development of product packaging and labeling. We bring deep subject-matter knowledge to claims review, helping ensure that our clients’ hemp and CBD products comply with applicable laws and regulations. We understand that in a very public and highly competitive industry, companies must walk a fine line between what’s cutting-edge and what crosses the line with respect to conflicting state, federal and local rules. We invest time to understand the level of risk our clients are comfortable taking and work with them to ensure that their messaging stays well within legal boundaries.
We recognize that the intellectual property assets of hemp companies can be as valuable as their tangible assets. Recent changes in policy at the U.S. Patent and Trademark Office have opened the door for the federal registration of hemp-related trademarks. This enhancement of trademark rights facilitates the expansion of hemp-related businesses across the United States and allows for nationwide enforcement of trademarks for those in the hemp industry. We have many IP attorneys who are registered patent practitioners experienced in the business and legal aspects of hemp-related IP counseling, licensing, litigation and portfolio management services. We help clients enforce their IP rights and develop creative strategies for maximizing the return on their IP investments.
The expansion and maturation of the hemp industry is ushering in increasing litigation and enforcement action. Because of the nascency of federal and state hemp laws, many of these new cases involve complex legal arguments and matters of first impression, where clients can draw on our experience in establishing the statutory and regulatory framework. We represent clients involved in legal proceedings at all levels of the hemp supply chain, from seed to sale. Our representative experience includes the following:
- Developing arguments in support of federal preemption of state hemp prohibitions and product limitations.
- Defending hemp product distributors and retailers against criminal trafficking and wrongful possession charges.
- Representing hemp clients in front of administrative agencies, including Departments of Agriculture.
- Prosecuting and defending hemp-related breach of contract and fraud lawsuits in federal and state court.
- Crafting hemp supply and processing agreements, warranties, and disclaimers in anticipation of litigation.
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